Birth injury claim news
27/08/2008

Compensation claim "equitable" and "fair"

A 27-year-old Coventry man who believes that maternity service medical negligence caused his cerebral palsy is set to mount a potentially landmark birth injury claim.

The engineering student, who is only able to communicate by typing a computer with his nose, at first thought he would not be able launch a birth injury claim after a number of medical negligence lawyers advised him that, with more than three years having passed since his eighteenth birthday, his claim fell outside of the three-year time limit.

However, he has now found a medical negligence lawyer firm which has advised him that, although his case will be complex and long, it may be possible for a case to be mounted. One of its lawyers explains, "The law does give the Court the discretion to dis-apply the three year rule where the Judge is satisfied it would be equitable to do so and that a fair trial can still take place."

The claimant himself explains, "I knew I had cerebral palsy from birth, but I had always been led to believe that it was just one of those unfortunate things which could not have been avoided.

"It wasn't until I was in my early 20s that I started to do some investigating. I did not know if I would be able to claim compensation, I just wanted answers. I contacted various legal firms but no-one wanted to touch my case because I was over 21 and they told me I was technically out of time to bring a claim for a birth injury."

However, the High Court has now given permission for the birth injury claim to go ahead.

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